(b) The Tribe recognizes the fundamental importance of the parent-child relationship and that the
relationship between the child and each parent should be fostered unless inconsistent with the
best interests of the child.
(c) The best interests of the child are served by a parenting arrangement that best maintains a
child’s emotional growth, Tribal and cultural ties, health and stability, and physical care.
(d) The best interests of the child are ordinarily served when the existing pattern of interaction
between a parent and child is altered only to the extent necessitated by the changed marital
relationship of the parents or as required to protect the child from physical, mental or emotional
harm.
7-3.02 Definitions.
(a) “Child Support Schedule” means the Tribal Council’s approved formula for calculating in a fair
and consistent manner the amount of child support payments equitable in any given situation.
The Child Support Schedule shall be used by the Court as a guideline for its child support orders.
(b) “Community Property” means property acquired during marriage, except by gift, inheritance or
devise to either spouse individually. All property acquired during marriage is presumed to be
community property.
(c) “Conciliation Conference” means a conference conducted by an impartial third party to assist the
married parties in determining the prospects of preserving the marital relationship as opposed to
instituting or continuing with dissolution proceedings.
(d) “Dissolution” means the act of terminating a marriage (i.e., divorce).
(e) “Irretrievably Broken” means that there is no reasonable prospect for reconciliation between the
parties.
(f) “Parenting Plan” is the document which sets forth the kind and degree of involvement each
parent will have with their children after the dissolution.
(g) “Separate Property” means property acquired before marriage or acquired during marriage as a
result of a gift, inheritance or devise.
(1) Property acquired after a permanent separation is also separate property provided
community property did not generate the funds for the acquisition (i.e., money from a
community business).
(2) For purposes of this Chapter, a permanent separation shall be established by either a
temporary or permanent order of a Court.
7-3.03 Civil Procedure to Govern; Designation of Proceedings.
(a) Except as otherwise specified herein, or another section of the civil code, the Federal Rules of
Civil Procedure shall be looked to for guidance until local rules are created and they shall govern
all proceedings under this Chapter, except that trial by jury is dispensed with.
(b) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity
of a marriage shall be entitled “In re the marriage of and .”
(c) In cases where there has been no prior proceeding in this Court involving the marital status of
the parties or support obligations for a minor child, a separate parenting and support proceeding
between the parents shall be entitled “In re the parenting and support of.”
(d) The initial pleading in all proceedings under this Chapter shall be designated a “Petition.” A
responsive pleading shall be designated a “Response.”
(e) A decree of dissolution or legal separation or a declaration concerning the validity of a marriage
shall not be awarded to 1 of the parties, but shall provide that it affects the status previously
existing between the parties in the manner decreed.
7-3.04 Informal Dispute Resolution.
(a) In any proceeding under this Chapter, an informal Resolution of the contested issues may be
arranged with the Court’s permission, at or before the time the matter is set for a hearing.
(b) The informal Resolution process may include counseling, mediation or any Tribally accepted
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Revised Spokane Law & Order Code, 5/14/2013